Circular No. 174/2021/TT-BQP provides detailed regulations and guidance on implementing certain contents of Government Decree No. 06/2021/NĐ-CP dated January 21, 2021, regarding quality management; construction works and maintenance of construction projects within the Ministry of National Defense.

CIRCULAR

Detailed regulations and guidance on implementing certain provisions of Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 on quality management, construction, and maintenance of construction projects within the Ministry of National Defense

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 detailing certain provisions on quality management, construction works, and maintenance of construction projects;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Logistics Department;

The Minister of National Defense issues this Circular to provide detailed regulations and guidance on implementing certain provisions of Government Decree No. 06/2021/NĐ-CP dated January 21, 2021 on quality management, construction, and maintenance of construction projects within the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. This Circular provides detailed regulations and guidance on implementing certain provisions of Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 on quality management, construction, and maintenance of construction projects (hereinafter referred to as Decree No. 06/2021/NĐ-CP) for investment construction projects serving national defense decided by the Minister of National Defense or authorized by the Minister of National Defense to decide on investment.

Article 2. Quality management, construction, and maintenance of combat engineering works shall be carried out according to the Construction Regulation for Combat Engineering Works issued together with Circular No. 63/2018/TT-BQP dated May 11, 2018 of the Minister of National Defense (hereinafter referred to as the Construction Regulation for Combat Engineering Works) and the documentation guiding the preservation of combat engineering works attached to Decision No. 2329/QĐ-TM dated September 29, 2021 of the Chief of General Staff.

This Circular applies to agencies, units, organizations, and individuals related to quality management, construction, and maintenance of construction projects for investment construction projects serving national defense decided by the Minister of National Defense or authorized by the Minister of National Defense to decide on investment.

Allocation of responsibilities, authorities, and obligations among subjects in management and construction of engineering works prescribed in Article 7 of Government Decree No. 06/2021/NĐ-CP within the Ministry of National Defense shall be implemented as follows:

Clause 1. Subjects directly related to construction activities include:

Point a) Project investors, investor representatives (if any);

Point b) Contractors for construction works;

Point c) Suppliers of construction products, building materials, components, and installation equipment for the project;

Point d) Consulting contractors including: Surveying, design, project management, supervision, testing, inspection, and other construction consulting contractors.

Clause 2. Project investors shall have full responsibilities, authorities, and obligations as stipulated in Clauses 5, 6, 7, and 8 of Article 7 and Article 14 of Government Decree No. 06/2021/NĐ-CP and as stipulated in Chapter II of this Circular.

Clause 3. Contractors specified in Points b, c, and d of Clause 1 of this Article when participating in construction activities must fully meet the capacity conditions as prescribed by laws on construction; at the same time, they shall bear direct and comprehensive responsibility for the quality and safety of the work they undertake as stipulated in Clauses 2, 3, and 4 of Article 7 and Articles 12, 13, 19, and 20 of Government Decree No. 06/2021/NĐ-CP.

Clause 4. Authorities, obligations, and allocation of responsibilities of the subjects specified in Clause 1 of this Article must be clearly reflected in contracts and in accordance with relevant laws.

The classification, grading, and grouping of construction projects for national defense purposes as stipulated in Article 3 of Decree No. 06/2021/NĐ-CP shall be implemented as follows:

1. Classification of Construction Projects for National Defense Purposes

Construction projects for national defense purposes are structures in the form of buildings or other types of structures (which may be independent projects or a combination of projects) serving national defense objectives, including:

a) Combat projects are national defense projects directly serving combat missions, border defense, land defense, airspace defense, maritime defense, island defense to protect the country, constructed separately or structured into battlefields, posts, support points, clusters of support points, bases, defensive areas, command centers at various levels, strategic base areas. Detailed classification of combat projects is carried out according to the provisions of Article 4 of the Regulation on Construction of Combat Projects;

b) Shooting range and training ground projects are projects invested to serve training and readiness for combat of the Military and Self-Defense Militia assigned by the State to the Ministry of National Defense for management and use. Detailed classification of shooting range and training ground projects is carried out according to the provisions of Articles 6 and 7 of the Regulation on Management of Investment and Operation of Shooting Ranges and Training Grounds issued together with Circular No. 28/2021/TT-BQP dated March 1, 2021 of the Minister of National Defense (hereinafter referred to as the Regulation on Management of Investment and Operation of Shooting Ranges and Training Grounds);

c) General-purpose projects are independent projects or combinations of projects in the form of civil works, industrial works, technical infrastructure works, transportation works, agricultural and rural development works serving general purposes for working, studying, living, training, production, exercise, and other tasks of military units, excluding those specified in points a and b of this clause. Detailed classification of general-purpose projects is provided in Appendix I attached to this Circular;

2. Grading and Grouping of Construction Projects for National Defense Purposes Used in the Management of Investment Construction Activities within the Ministry of National Defense, Specifically As Follows:

a) Combat project group is determined according to the provisions of Article 5 of the Regulation on Construction of Combat Projects;

b) Shooting range and training ground project group is determined according to the provisions of Article 8 of the Regulation on Management of Investment and Operation of Shooting Ranges and Training Grounds;

c) Grading of general-purpose projects is determined according to the guidelines set forth in Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction regarding the grading of construction projects and guidance for application in the management of investment construction activities (hereinafter referred to as Circular No. 06/2021/TT-BXD) and Appendix II attached to this Circular.

Article 5. Application of Project Grading in the Management of Investment Construction Activities within the Ministry of National Defense

1. The project grading prescribed in this Circular serves as the basis for managing investment construction activities within the Ministry of National Defense, as follows:

a) Determining the authority to review design implementation after basic design; inspecting acceptance work during construction and upon completion of construction of projects;

b) Determining projects subject to architectural design competition as stipulated in Clause 2, Article 17 of the Architecture Law;

c) Determining projects requiring separate technical guidance;

d) Determining annual maintenance costs for projects;

đ) Determining projects requiring maintenance procedures;

e) Determining construction works significantly affecting safety and public interests;

g) Determining construction works requiring mandatory professional liability insurance;

h) Determining construction works that must undergo periodic safety assessments during use;

i) Classifying construction accidents and determining the authority to resolve construction accidents;

k) Authority for construction inspection;

l) Management of investment construction costs;

m) Determining warranty period and amount for projects;

n) Other contents as prescribed by laws on managing investment construction works.

2. The application of project levels to manage investment construction activities as specified in point a, Clause 1 of this Article is as follows:

a) In cases where the investment construction project consists of only one independent main project: The project grade is determined according to the provisions of Appendix II of this Circular and Clause 2, Article 2 of Circular No. 06/2021/TT-BXD;

b) In cases where the investment construction project includes multiple independent main projects or is constructed along a route (consisting of multiple projects arranged consecutively along the route): The highest grade among the main projects is applied according to the provisions of Appendix II of this Circular and Clause 2, Article 2 of Circular No. 06/2021/TT-BXD;

c) In cases where the investment construction project includes a combination of main projects or a main technological chain consisting of multiple components: The highest grade among the main projects (part of the combination of projects or technological chain) is applied according to the provisions of Appendix II of this Circular and Clause 3, Article 2 of Circular No. 06/2021/TT-BXD;

d) In cases where the investment construction project includes multiple combinations of main projects, multiple main technological chains, or a mix thereof: The highest grade among the combinations of main projects or main technological chains is applied according to the provisions of Appendix II of this Circular and Clause 3, Article 2 of Circular No. 06/2021/TT-BXD.

3. The principles for applying project levels to manage investment construction activities as specified from point b to point n, Clause 1 of this Article are as follows:

a) In cases where the scope of implementation is for one independent project, the project grade is determined according to Appendix II of this Circular and Clause 2, Article 2 of Circular No. 06/2021/TT-BXD for that project;

b) In cases where the scope of implementation is for several projects within an investment construction project, the project grade is determined according to Appendix II of this Circular and Clause 2, Article 2 of Circular No. 06/2021/TT-BXD for each project under consideration;

c) In cases where the scope of implementation is for an entire combination of projects or an entire technological chain consisting of multiple components, the project grade is determined according to the provisions of Appendix II of this Circular and Clause 3, Article 2 of Circular No. 06/2021/TT-BXD. In cases where the investment construction project is constructed along a route, it shall be implemented according to the provisions of point d of this clause;

d) In cases where the scope of implementation is for one project, several projects, or all projects within an investment construction project along a route, the project grade is determined according to the provisions of Appendix II of this Circular and Clause 2, Article 2 of Circular No. 06/2021/TT-BXD for each project along the route.

Chapter II

QUALITY MANAGEMENT, CONSTRUCTION AND MAINTENANCE OF CONSTRUCTION PROJECTS

Section 1

SURVEYING AND DESIGN OF CONSTRUCTION PROJECTS

1. The contents of construction survey quality management include:

a) Preparing and approving construction survey tasks;

b) Preparing and approving technical solutions for construction surveys;

c) Conducting construction surveys;

d) Accepting and approving the results of construction surveys;

đ) Managing construction survey activities.

2. The contents of points a, b, c, d, and đ of Clause 1 of this Article shall be implemented in accordance with the provisions of Articles 26, 27, 28, 29, and 30 of Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain contents regarding project investment construction management (hereinafter referred to as Decree No. 15/2021/NĐ-CP).

1. The contents of construction design management include:

a) Construction design stages;

b) Construction design tasks;

c) Specifications for construction design documents;

d) Managing construction design activities;

đ) Reviewing and approving construction designs for implementation following basic design.

2. The contents of points a, b, c, d, and đ of Clause 1 of this Article shall be implemented in accordance with the provisions of Articles 31, 32, 33, and 34 of Decree No. 15/2021/NĐ-CP and Circular No. 106/2021/TT-BQP dated August 6, 2021 of the Minister of National Defense on reviewing and approving construction designs for implementation following basic design within the Ministry of National Defense.

Section 2

MANAGEMENT OF CONSTRUCTION IMPLEMENTATION, ACCEPTANCE, INSPECTION OF ACCEPTANCE WORKS AND PREPARATION AND STORAGE OF CONSTRUCTION PROJECT DOCUMENTS

Article 8. Management of Construction Implementation of Construction Projects

1. The contents of construction implementation management include:

a) Quality management of construction implementation;

b) Progress management of construction implementation;

c) Quantity management of construction implementation;

d) Labor safety and environmental management during construction implementation;

đ) Investment cost management during the construction process;

e) Management of other contents as stipulated in the construction contract.

2. The contents of points a, b, c, đ, đ, and e of Clause 1 of this Article shall be implemented in accordance with the provisions from Article 10 to Article 27 of Decree No. 06/2021/NĐ-CP and Article 12 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on investment cost management.

Article 9. Acceptance of Construction Projects

1. Acceptance of construction projects includes:

a) Acceptance of construction works;

b) Acceptance of construction phases or parts of construction projects;

c) Completion acceptance of project components or construction projects put into use.

2. The contents of points a, b, and c of Clause 1 of this Article shall be implemented in accordance with the provisions of Articles 21, 22, and 23 of Decree No. 06/2021/NĐ-CP.

3. Conditional acceptance and partial acceptance of construction projects shall be carried out in accordance with the provisions of Clause 2 of Article 23 of Decree No. 06/2021/NĐ-CP, specifically as follows:

a) The investor may decide to organize conditional acceptance and put project components or construction projects into temporary operation if the basic construction has been completed according to the design requirements but there are some quality issues that do not affect the load-bearing capacity, service life, functionality of the project and ensure the project meets the safe operation conditions and relevant laws. The acceptance result will be confirmed by a record, which must clearly state the quality issues that need to be resolved or construction works that need to continue and the completion time for these items, usage limitations (if any). The investor will organize the final acceptance of the project after all quality issues have been resolved or remaining construction works have been completed;

b) In cases where part of a construction project has been completed and meets the conditions specified in Clause 1 of Article 23 of Decree No. 06/2021/NĐ-CP, the investor may decide to organize acceptance of this part of the construction project for temporary operation. The acceptance result will be confirmed by a record, which must clearly state the part of the construction project being accepted. The investor is responsible for continuing to organize construction and acceptance of the remaining parts of the construction project according to the design; the continued construction process must ensure safety and not affect the normal operation of the already accepted part of the construction project; organizing the final acceptance of the project after the remaining parts of the construction project according to the design have been completed.

4. In cases where a construction project has been completed but some key technical indicators do not meet the design requirements and are not or not yet ready for final acceptance or conditional acceptance as stipulated in Clauses 1 and 2 of Article 23 of Decree No. 06/2021/NĐ-CP, the handling shall be carried out as follows:

a) The investor together with contractors must clarify the technical indicators that do not meet the design requirements; determine the responsibility of related organizations and individuals and handle violations in accordance with the construction contract;

b) The use of the project in this case can only be considered for transportation projects and infrastructure technical facilities serving public interest based on re-evaluating technical indicators, conditions for operation and use, and obtaining opinions from specialized agencies in accordance with relevant laws and must be approved by the investment decision-maker.

Article 10. Inspection of Construction Project Acceptance Work

The inspection of construction project acceptance work shall be carried out in accordance with the provisions of Article 24 of Decree No. 06/2021/NĐ-CP, specifically as follows:

a) The construction specialized agency of the Ministry of National Defense is the Directorate of Barracks/General Logistics Department to inspect projects for which the Minister of National Defense decides to invest; shooting ranges and training grounds for which the Chief of General Staff decides to invest;

b) The construction specialized agency of the agency or unit under the Ministry of National Defense is the后勤保障局或其被指定管理建设的机构（以下简称该单位的建设专业机构）负责检查由国防部长授权决定投资的项目中的工程；射击场和训练场由总参谋长授权决定投资；参与检查地方决定投资的国防服务项目中的工程（如需）；

c) The construction specialized agency of the agency or unit participates in inspecting the projects specified in point a of this clause within its management scope; the construction specialized agency of the Ministry of National Defense participates in inspecting the projects specified in point b of this clause when necessary; in cases of force majeure (projects located in disaster areas, epidemic zones, environmental accidents), the construction specialized agency of the Ministry of National Defense reports to the Minister of National Defense to assign the construction specialized agency of the agency or unit to inspect the projects specified in point a of this clause in these areas;

d) Other cases shall be decided by the Minister of National Defense.

2. Content and procedure for inspecting the acceptance work during the construction process of construction projects by construction specialized agencies shall be carried out in accordance with point a of Clause 4 and Clause 5 of Article 24 of Decree No. 06/2021/NĐ-CP, specifically as follows:

a) The project owner reports on the commencement of construction of a construction project component or construction project according to Model No. 01 of Appendix III issued together with this Circular to the construction specialized agency at the appropriate level at least three working days before the commencement of construction;

b) The construction specialized agency establishes an inspection plan and notifies the project owner and related agencies to coordinate in implementation;

c) The project owner informs the parties involved in construction activities to prepare for the inspection content according to the plan;

d) The construction specialized agency organizes inspections according to the contents stipulated in point a of Clause 4 of Article 24 of Decree No. 06/2021/NĐ-CP;

đ) The construction specialized agency issues a written notification of the inspection results according to Model No. 02 of Appendix III issued together with this Circular to the project owner and relevant agencies to coordinate in implementation.

3. Content and procedure for inspecting the completion acceptance work of construction projects by construction specialized agencies shall be carried out in accordance with Clause 4 and Clause 6 of Article 24 of Decree No. 06/2021/NĐ-CP, specifically as follows:

a) At least 15 days prior for special grade and first-grade projects, or at least 10 days prior for other projects compared to the planned date of completion acceptance, the project owner must report on the completion of construction of a construction project component or construction project according to Model No. 03 of Appendix III issued together with this Circular to the construction specialized agency at the appropriate level;

b) The construction specialized agency establishes an inspection plan and notifies the project owner and related agencies to coordinate in implementation;

c) The project owner informs the parties involved in construction activities to prepare for the inspection content according to the plan;

d) The construction specialized agency organizes inspections of the contents stipulated in point b of Clause 4 of Decree No. 06/2021/NĐ-CP; if the construction project component has not been inspected during the construction process, the inspection content shall be carried out in accordance with Clause 4 of Decree No. 06/2021/NĐ-CP;

đ) In case the project meets the conditions for approval of the acceptance results and put into use, the construction specialized agency issues a written notification approving the acceptance results of the project owner according to Model No. 05 of Appendix III issued together with this Circular;

e) In case the project still has issues that need to be rectified, the construction specialized agency issues a written notification disapproving the acceptance results of the project owner and clearly states the remaining issues that need to be rectified according to Model No. 04 of Appendix III issued together with this Circular. After rectification, the project owner organizes the acceptance and submits a report on the rectification results (including files, images, and records of the rectification acceptance results) to the construction specialized agency for review and approval of the acceptance results of the completed project. If necessary, the construction specialized agency will inspect the rectification results before issuing a written notification approving the acceptance results of the completed project of the project owner.

4. Costs for inspecting the acceptance work of construction projects shall be implemented in accordance with Article 16 of Circular No. 10/2021/TT-BXD dated August 25, 2021, guiding some articles and measures for implementing Decree No. 06/2021/NĐ-CP dated January 26, 2021, and Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government (hereinafter referred to as Circular No. 10/2021/TT-BXD), as follows:

a) Inspection costs of the construction specialized agency, including travel expenses as prescribed and other expenses serving the inspection work;

b) Costs for hiring individuals (experts) invited by the construction specialized agency, including travel expenses, accommodation expenses at the place of work, and expert fees;

c) Costs for hiring organizations to participate in inspecting the acceptance work of construction projects;

d) The preparation of cost estimates for inspecting the acceptance work of construction projects shall be based on the characteristics and nature of the project; the location of the construction project; the time, number of staff and experts (if any) participating in the inspection of the acceptance work, and the workload to be performed. For projects using public investment funds or state funds outside public investment, the costs stipulated in point c of this clause shall not exceed 20% of the construction supervision consulting costs. The preparation, review, and approval of cost estimates for inspecting the acceptance work of construction projects shall be carried out in accordance with Clause 8 of Article 24 of Decree No. 06/2021/NĐ-CP.

đ) The investor shall be responsible for paying the costs specified in point a of this clause upon completion of the inspection phase. In cases where the competent authority on construction invites organizations or individuals with appropriate capacity to participate in the inspection, the investor shall implement signing contracts and payment according to regulations for the costs mentioned in points b and c of this clause.

Article 11. Establishment and storage of completion records for construction works

1. Establishment and storage of completion records for construction works shall be carried out in accordance with Article 26 of Decree No. 06/2021/ND-CP and the Recordkeeping Regulation within the Ministry of National Defense issued together with Circular No. 30/2021/TT-BQP dated March 15, 2021 by the Minister of National Defense.

2. Concealed or covered parts of the works must have images (photographs, videos) taken by the supervising consultant and the construction contractor to serve inspection and acceptance activities. The recorded images must be clear and show the shape, specifications, time, and location of implementation. The retention period for images shall be determined by the investor but shall not be shorter than the warranty period of the works.

Section 3

WARRANTY, MAINTENANCE, AND DEMOLITION OF CONSTRUCTION WORKS

Article 12. Warranty of Construction Works

1. Contents of the warranty of construction works include:

a) Requirements for the warranty of construction works;

b) Responsibilities of subjects in the warranty of construction works.

2. The contents at points a and b of Clause 1 of this Article shall be implemented in accordance with Articles 28 and 29 of Decree No. 06/2021/ND-CP.

3. The warranty period for project components and construction works shall be calculated from the date of acceptance of completion by the investor in accordance with Clause 5 of Article 28 of Decree No. 06/2021/ND-CP.

Article 13. Maintenance of Construction Works

1. Contents of maintenance of construction works include:

a) Procedures for implementing maintenance of construction works;

b) Maintenance procedures for construction works;

c) Maintenance plans for construction works;

d) Implementation of maintenance of construction works;

đ) Quality management of maintenance work for construction works;

e) Costs of maintenance of construction works.

2. The contents at points a, b, c, d, đ, and e of Clause 1 of this Article shall be implemented in accordance with Articles 30, 31, 32, 33, 34, and 35 of Decree No. 06/2021/ND-CP.

3. Monitoring of construction works during operation and use

Contents and requirements for monitoring; list of works required to be monitored shall be implemented in accordance with Article 4 and Appendix I issued together with Circular No. 10/2021/TT-BXD.

Article 14. Determination of Maintenance Costs for Construction Works

1. Maintenance costs for construction works include:

a) Costs for regular annual maintenance tasks;

b) Repair costs;

c) Consulting fees for maintenance of construction works;

d) Other costs;

đ) Management costs for maintenance under the responsibility of the managing and using agencies or units.

2. Maintenance costs for construction works shall be implemented in accordance with Article 3 of Circular No. 14/2021/TT-BXD dated September 8, 2021, guiding the determination of maintenance costs for construction works (hereinafter referred to as Circular No. 14/2021/TT-BXD), specifically as follows:

a) Regular annual maintenance costs shall be determined based on the percentage rate (%) specified in Appendix I issued together with Circular No. 14/2021/TT-BXD, which shall be implemented in accordance with Appendix IV issued together with this Circular;

b) Repair costs shall be determined based on the budget estimate. In cases where repair costs exceed VND 500 million, the budget estimate for repair costs shall be determined in accordance with Circular No. 11/2021/TT-BXD dated August 31, 2021, guiding certain contents for determining and managing construction investment costs; in cases where repair costs are less than VND 500 million, the budget estimate for repair costs shall be determined based on the volume and unit price of repairs, and the total budget estimate for repair costs shall be compiled in accordance with Appendix V issued together with this Circular;

c) The costs specified in points c, d, and đ of Clause 1 of this Article shall be implemented in accordance with Clauses 6, 7, and 8 of Article 3 of Circular No. 14/2021/TT-BXD;

d) The compilation of the annual maintenance cost estimate shall be carried out in accordance with Appendix VI issued together with this Circular;

3. The review, approval, and adjustment of maintenance procedures for construction works shall be carried out in accordance with Clause 4 and Clause 5 of Article 35 of Decree No. 06/2021/ND-CP.

Article 15. Construction Inspection

1. Authorities with the right to conduct construction inspection within the Ministry of National Defense

a) The specialized agency on construction under the Ministry of National Defense shall organize inspections for projects of Class II and above; and Group I projects for shooting ranges and training fields;

b) Specialized agencies on construction of agencies and units shall organize inspections for remaining projects within their management scope.

2. The content of construction inspection shall be carried out in accordance with the provisions of Clause 1, Article 6 of Decree No. 06/2021/NĐ-CP.

3. The procedures for conducting construction inspection and reporting inspection conclusions shall be implemented in accordance with the provisions of Article 6 of Circular No. 10/2021/TT-BXD.

Article 16. Safety Assessment of Projects

1. The procedures and contents of safety assessment of projects shall be carried out in accordance with the provisions of Articles 36 and 37 of Decree No. 06/2021/NĐ-CP.

2. Responsibilities for organizing safety assessment of projects

a) Agencies and units under the Ministry of National Defense shall review, specify timelines and requirements for agencies and units managing and using projects to organize safety assessments at specified times and frequencies as stipulated in Clause 3, Article 17 of Circular No. 10/2021/TT-BXD;

b) Agencies and units managing and using projects shall carry out safety assessments in accordance with Clause 1, Article 38 of Decree No. 06/2021/NĐ-CP and submit reports to higher-level agencies and units for reporting to agencies and units under the Ministry of National Defense;

c) Agencies and units under the Ministry of National Defense shall compile results of safety assessments within their management scope and send them to the specialized agency on construction under the Ministry of National Defense;

d) The specialized agency on construction under the Ministry of National Defense shall be responsible for inspecting and announcing safety assessment results in accordance with Clause 3, Article 39 of Decree No. 06/2021/NĐ-CP and points a and b of Clause 5, Article 17 of Circular No. 10/2021/TT-BXD.

3. The specialized agency on construction under the Ministry of National Defense shall confirm the results of safety assessments:

a) Projects specified in Appendix III of Circular No. 10/2021/TT-BXD;

b) Shooting ranges and training fields of Group I.

4. Costs for safety assessment of projects are part of consulting fees serving maintenance of construction projects, including:

a) Costs for conducting surveys and preparing current status documentation of projects (if applicable);

b) Costs for conducting safety assessments of projects;

c) Costs for tax organizations reviewing safety assessment outlines, and costs for hiring consulting organizations to supervise safety assessment work (if applicable).

d) Other related costs.

Article 17. Handling of Projects Showing Signs of Danger, Expired Projects, and Demolition of Construction Projects

Handling of projects showing signs of danger, expired projects, and demolition of construction projects shall be carried out in accordance with the provisions of Articles 40, 41, and 42 of Decree No. 06/2021/NĐ-CP, specifically as follows:

1. Handling of projects showing signs of danger, not ensuring safety for operation and use

a) When discovering or receiving information about project components or projects showing signs of danger, not ensuring safety for operation and use, the agencies and units managing and using projects shall implement according to points a, c, and d of Clause 1, Article 40 of Decree No. 06/2021/NĐ-CP and report to the heads of agencies and units under the Ministry of National Defense, while sending reports to the specialized construction agency according to the hierarchy for coordination;

b) Heads of agencies and units under the Ministry of National Defense shall implement the contents according to points a, b, c, and d of Clause 2, Article 40 of Decree No. 06/2021/NĐ-CP.

2. Handling of projects that have exceeded their design service life

a) Owners or agencies and units using projects shall review and determine the service life of projects based on construction design documents and applicable standards; report to the heads of agencies and units under the Ministry of National Defense and propose handling plans after the service life has expired (at least 12 months in advance). For projects without sufficient basis to confirm the design service life, owners or agencies and units using projects shall implement according to point a of Clause 4, Article 41 of Decree No. 06/2021/NĐ-CP before reporting;

b) For projects that have exceeded their service life but require continued use, the heads of agencies and units under the Ministry of National Defense shall request agencies and units managing and using projects to implement according to points a and b of Clause 4, Article 41 of Decree No. 06/2021/NĐ-CP before making decisions and bear responsibility for continuing to use the projects;

c) For cases where projects are not to be continued to be used when they have reached their service life as stipulated in Clause 5, Article 41 of Decree No. 06/2021/NĐ-CP, implementation shall be carried out in accordance with Circular No. 126/2020/TT-BQP dated October 19, 2020 issued by the Minister of National Defense regarding removal from inventory and disposal of state assets in the Ministry of National Defense.

3. Demolition of projects for national defense purposes shall be carried out in accordance with the provisions of Article 42 of Decree No. 06/2021/NĐ-CP; decision-making authority for demolition of construction projects is as follows:

a) The Minister of National Defense shall decide on projects of Class II and above;

b) Heads of agencies and units under the Ministry of National Defense shall decide on remaining projects within their management scope.

Section 4

INCIDENTS IN CONSTRUCTION AND OPERATION AND USE OF PROJECTS

Article 18. Construction Project Accidents

The contents of construction project accidents shall be implemented in accordance with the provisions of Articles 43, 44, 45, 46, and 47 of Decree No. 06/2021/ND-CP, specifically as follows:

1. Reporting on Construction Project Accidents

Immediately upon occurrence of an accident, the project investor or the head of the unit managing and using the project must report to the immediate superior authority and within 24 hours report to the head of the agency or unit under the Ministry of National Defense for reporting to the Minister of National Defense. The report includes the following main contents: Name of the project, location of construction, scale of the project; names of organizations and individuals participating in the construction project; description of the accident, condition of the construction project at the time of the accident, time of occurrence of the accident; casualties and property damage (if any).

2. Handling Construction Project Accidents

The head of the agency or unit under the Ministry of National Defense is responsible for primarily handling construction project accidents within their management scope; in necessary cases, this shall be decided by the Minister of National Defense.

3. Authority, Content, and Costs for Investigating the Causes of Construction Project Accidents

a) Investigation Authority

The specialized agency on construction under the Ministry of National Defense shall organize the investigation of the causes of Class I accidents as stipulated in Clause 1 of Article 43 of Decree No. 06/2021/ND-CP;

The specialized agency on construction of the agency or unit shall organize the investigation of the causes of Class II and III accidents as stipulated in Clauses 2 and 3 of Article 43 of Decree No. 06/2021/ND-CP for projects within their management scope.

b) Content of Investigation and Costs for Organizing the Investigation of the Causes of Construction Project Accidents

The implementation of investigations and costs for organizing the investigation of the causes of construction project accidents shall be carried out in accordance with the provisions of Clauses 3 and 4 of Article 46 of Decree No. 06/2021/ND-CP.

Article 19. Accidents Involving Machinery and Equipment Used in Construction Projects

The contents of accidents involving machinery and equipment during construction work shall be implemented in accordance with the provisions of Articles 48, 49, 50, and 51 of Decree No. 06/2021/ND-CP, specifically as follows:

1. Reporting on Accidents Involving Machinery and Equipment

Immediately upon occurrence of an accident involving machinery and equipment during construction work as stipulated in point a of Clause 1 of Article 48 of Decree No. 06/2021/ND-CP, the project investor or the unit managing and using the project must report by the fastest means possible to the immediate superior authority about the name and location of the construction project, a brief description of the accident and damages (if any), and within 24 hours report to the head of the agency or unit under the Ministry of National Defense for consolidation and reporting to the Minister of National Defense.

2. The head of the agency or unit under the Ministry of National Defense has the responsibility to implement the contents as prescribed in Clause 5 of Article 49 of Decree No. 06/2021/ND-CP.

3. Investigation of Accidents Involving Machinery and Equipment

a) The head of the agency or unit under the Ministry of National Defense:

Shall primarily handle and investigate accidents involving machinery and equipment within their management scope;

Shall establish an Accident Investigation Team to conduct the investigation. The Accident Investigation Team shall include representatives from the specialized agency on construction of the agency or unit, the specialized agency on construction under the Ministry of National Defense (if necessary), and other relevant agencies and technical experts; in necessary cases, the agency primarily responsible for investigating the accident may designate a consulting organization to determine the cause of the accident and propose solutions to address it.

b) The content of investigating accidents involving machinery and equipment shall be carried out in accordance with the provisions of Clause 3 of Article 50 of Decree No. 06/2021/ND-CP;

c) The project investor is responsible for temporarily funding the costs of organizing the investigation of the accident. After the results of the accident investigation and the determination of responsibilities, the organization or individual causing the accident must bear the cost of organizing the accident investigation. In cases where the accident occurs due to force majeure, the responsibility for paying the costs of organizing the accident investigation shall be implemented according to the relevant construction contract;

d) In cases where accidents involving machinery and equipment do not fall within the list of machinery and equipment requiring strict control for use in construction projects and do not result in serious injury or death, the project investor is responsible for primarily organizing the investigation and resolution of accidents involving machinery and equipment.

4. Establishing Documentation for Handling Accidents Involving Machinery and Equipment

Section 5

The project investor is responsible for organizing the establishment of documentation for accidents involving machinery and equipment in accordance with the provisions of Article 51 of Decree No. 06/2021/ND-CP.

Article 20. Awards for Quality Construction Projects

1. Regulations on awards for quality construction projects shall be implemented in accordance with the provisions set forth in Article 8 of Decree No. 06/2021/NĐ-CP.

2. Prior to registering to participate in awards for quality construction projects, the project owner must report and obtain approval from the specialized agency on construction under the Ministry of National Defense.

Article 21. Administrative Sanctions in Construction Activities

1. Objectives and Forms of Violation Handling

a) Organizations and individuals conducting construction activities under construction contracts who engage in actions affecting the quality of construction projects or causing waste in construction investment shall be subject to penalties and must rectify the consequences. The project owner has the responsibility to specify the content of violation handling in the construction contract; including the acts of violation and forms of handling applied according to the provisions of Chapter II of Decree No. 139/2017/NĐ-CP dated November 27, 2017 of the Government on administrative sanctions in construction activities;

b) Agencies, units, military personnel, civil servants, and defense officials assigned tasks to conduct construction activities who engage in actions affecting the quality of construction projects or causing waste in construction investment shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violations, as stipulated in Circular No. 16/2020/TT-BQP dated February 21, 2020 of the Minister of National Defense on the application of disciplinary measures, procedures, deadlines, and authorities for disciplinary action within the Ministry of National Defense.

2. Authority and Procedure for Handling Violations

b) For violations by entities specified in point a of Clause 1 of this Article: Based on the notification document or upon discovery by the project owner, a record of the violation act shall be established and handled according to the contract;

c) Heads of agencies and units managing entities specified in point b of Clause 1 of this Article, based on the notification document specified in point a of this clause, shall proceed to handle according to their authority. In cases where the violator exceeds their authority, the head of the agency or unit directly subordinate to the Ministry of National Defense shall send a document to the competent authority to handle according to the law.

3. Suspension of Construction Work and Equipment Usage: Upon discovering a risk of safety loss affecting the project, adjacent projects, and the community, the head of the agency or unit directly subordinate to the Ministry of National Defense, or the head of the specialized agency on construction according to their level of authority, may suspend construction work within their management scope. After completing the rectification and ensuring safety requirements as prescribed, the project owner shall report to the head of the agency or unit that suspended the work for inspection and permission to resume construction.

4. Specialized agencies on construction have the right to publish the names and acts of violation of organizations and individuals participating in construction activities on electronic information websites and other means of communication of the Ministry of National Defense.

5. When necessary, the head of the agency or unit with the authority specified in Clause 2 of this Article, depending on the nature and severity of the violation, may send a document to the competent authority to handle according to the Construction Law.

Chapter III

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 22. General Logistics Department

1. Shall be responsible for assisting the Minister of National Defense in managing the quality, construction, and maintenance of construction projects within the scope regulated by this Circular and handling any difficulties that arise during implementation.

2. Direct the Barracks Management Department

b) Inspect and guide agencies, units, organizations, and individuals participating in construction activities to comply with regulations on quality management, construction, and maintenance of construction projects;

c) Perform the specialized functions of the Ministry of National Defense's Construction Department as stipulated in Chapter II of this Circular and other tasks assigned;

d) Summarize and report to the Minister of National Defense and draft documents of the Ministry of National Defense sent to the Ministry of Construction on the situation of construction project quality management, construction project quality, and labor safety in the Ministry of National Defense before December 15th each year and submit ad hoc reports when required.

Article 23. Relevant Agencies of the Ministry of National Defense

According to their assigned functions and responsibilities, shall coordinate and participate in the management of construction project quality, construction, and maintenance according to the proposal of the Construction Department.

Article 24. Agencies and Units Subordinate to the Ministry of National Defense

1. Shall be responsible to the Minister of National Defense for construction project quality management, construction, and maintenance within their management scope and implement the contents specified in their authority under Chapter II of this Circular.

2. Direct the Construction Department of the agency or unit

a) Perform the Construction Department's specialized functions of the agency or unit as stipulated in Chapter II of this Circular and other tasks assigned;

b) Implement and guide the execution of new legal documents on construction project quality management, construction, and maintenance within their management scope;

c) Summarize the situation of construction project quality and quality management within their management scope, report using Model No. 06 attached as Appendix III of this Circular, send to the Barracks Management Department/General Logistics Department before November 15th each year and submit ad hoc reports when required.

Article 25. Agencies and Units Managing and Using

1. Participate in quality management during design and construction; promptly identify issues and advise the project owner to adjust to enhance investment effectiveness.

2. Carry out community supervision roles over construction project quality. When violations are discovered, they must promptly report to the project owner or the competent state agency for construction management for handling according to the law.

3. Organize management, exploitation, operation, and maintenance in accordance with regulations. Shall be legally responsible for damage or deterioration of construction projects due to misuse or improper maintenance.

4. Implement the contents specified in their authority under Chapter II of this Circular and other tasks assigned.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Transitional Provisions

1. For construction projects belonging to investment projects decided upon before the effective date of this Circular, the level of the project shall be determined according to Circular No. 296/2017/TT-BQP dated November 24, 2017, detailing certain aspects of construction project quality management and maintenance within the Ministry of National Defense.

2. For construction projects commenced before the effective date of this Circular, the inspection authority for acceptance work shall be implemented according to Circular No. 296/2017/TT-BQP dated November 24, 2017, detailing certain aspects of construction project quality management and maintenance within the Ministry of National Defense.

Article 27. Effective Date

This Circular takes effect from February 12, 2022, and replaces Circular No. 296/2017/TT-BQP dated November 24, 2017, detailing certain aspects of construction project quality management and maintenance within the Ministry of National Defense.

Article 28. Responsibility for Implementation

1. The Director of the General Logistics Department and commanders of relevant agencies and units are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies and units shall promptly reflect to the Ministry of National Defense (through the Barracks Management Department/General Logistics Department) for review and guidance./.